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SETTLEMENT VISA FOR CHILD BORN IN UK-AT PRESENT AWAY FROM UK

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atul.ruparelia
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SETTLEMENT VISA FOR CHILD BORN IN UK-AT PRESENT AWAY FROM UK

Post by atul.ruparelia » Fri Jul 01, 2011 4:59 pm

Hi,
I tried searching answers for my query but not succesful.
Current facts
CHILD BORN IN UK, BUT AT PRESENT IN INDIA WITH INDIAN PASSPORT AND LEAVE TO REMAIN VISA EXPIRED 31 AUG 2010
BOTH PARENTS HAVE ILR since Aug 2010 AND ARE IN UK at present.
Query
If I want to bring my son to UK, which category he should apply for?
Who can apply on his behalf in India?

Please note me & my wife are due for naturalisation in Aug 2011.

I did raise my query way back in 2010 when we were about to apply for ILR and raised my query for little one.. but since then the situation has changed and his visa has expired and hence the query.

Many thanks,
Atul

rajesh_kumar01
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Re: SETTLEMENT VISA FOR CHILD BORN IN UK-AT PRESENT AWAY FRO

Post by rajesh_kumar01 » Fri Jul 01, 2011 5:12 pm

atul.ruparelia wrote:Hi,
I tried searching answers for my query but not succesful.
Current facts
CHILD BORN IN UK, BUT AT PRESENT IN INDIA WITH INDIAN PASSPORT AND LEAVE TO REMAIN VISA EXPIRED 31 AUG 2010
BOTH PARENTS HAVE ILR since Aug 2010 AND ARE IN UK at present.
Query
If I want to bring my son to UK, which category he should apply for?
Who can apply on his behalf in India?

Please note me & my wife are due for naturalisation in Aug 2011.

I did raise my query way back in 2010 when we were about to apply for ILR and raised my query for little one.. but since then the situation has changed and his visa has expired and hence the query.

Many thanks,
Atul
You can apply for his BC through registration . No need to apply for Visa.

atul.ruparelia
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Re: SETTLEMENT VISA FOR CHILD BORN IN UK-AT PRESENT AWAY FRO

Post by atul.ruparelia » Fri Jul 01, 2011 5:18 pm

is it through MN1? that needs 2 referees.. who will provide reference for a child in India from UK?

geriatrix
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Post by geriatrix » Fri Jul 01, 2011 6:47 pm

I you are unable to apply for registration as British citizen in India for your child - for any reason (like one you state above), then apply for settlement visa.

Either parent can sign the form on behalf of an child.

Include covering letter to state that the child, if entry is clearance granted, will travel to UK either with the parent(s) or with adult(s) named in the consent letter. This will ensure that the application is not refused for a reason such as "parent(s) not present in the home country at the time of application".
Life isn't fair, but you can be!

rajesh_kumar01
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Post by rajesh_kumar01 » Fri Jul 01, 2011 6:48 pm

call british embassy in India and find out.

atul.ruparelia
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Post by atul.ruparelia » Sat Jul 02, 2011 11:17 am

Thanks Sushma
What is the difference between registration and settlement visa?
Is there any fee difference between the two?
Atul

vinny
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Post by vinny » Sat Jul 02, 2011 12:42 pm

Fees have gone up since 2010.
Registration fee + passport fee.
Visa fee.
Last edited by vinny on Sat Jul 02, 2011 1:04 pm, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

JL
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Post by JL » Sat Jul 02, 2011 1:04 pm

registration is registration as a British citizen. settlement is granting indefinite leave to remain in UK, i.e. permanent residency.

registration of a minor costs £540 and can be done in a few weeks

settlement of a child costs £810 outside UK and £972 inside UK and i think it takes longer.

http://www.ukba.homeoffice.gov.uk/aboutus/fees/#
http://www.ukba.homeoffice.gov.uk/sitec ... g-2011.pdf

good luck

atul.ruparelia
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Post by atul.ruparelia » Sat Jul 02, 2011 5:53 pm

How long does MN1 take? Can BHC reject on the basis that child was not registered for BC for a year and why now?
Assume he gets BC registration, can be travel to UK On the basis of Registration only and when he is in uk I can apply for
His passport?

JL
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Post by JL » Sat Jul 02, 2011 7:24 pm

i think there is a sticky thread on this forum that says its just a few weeks for registration of minors under section 1(3) using form MN1.

s 1(3) gives registration as an entitlement to children born in UK whose parents subsequently become British citizens or settled as long as applicant is still a child, i.e. <18 yo.

I dont know if people can enter in the UK on the basis of a foreign passport and a citizenship regn cert, but i suspect so.

atul.ruparelia
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Post by atul.ruparelia » Mon Jul 04, 2011 10:38 am

Hi - was thinking another way to bring my son to UK.

Can I apply for his visitor visa from India? Once he is in UK, I can apply for his registration of BC from UK.

Can I do that?

vinny
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Post by vinny » Mon Jul 04, 2011 11:02 am

Visitors should show strong ties back to home country, intention to leave the UK. However, with parents settled in the UK, this may be difficult.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

atul.ruparelia
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Post by atul.ruparelia » Wed Jul 06, 2011 5:38 pm

Has anyone on this forum applied for MN1 from outside UK? And what was the success? BC registration granted or denied?

It will be very helpful if anyone applied could reply to this thread....

@Moderators - Do you know similar query raised on tihs forum in the past by any member?

atul.ruparelia
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Post by atul.ruparelia » Wed Jul 13, 2011 6:28 pm

Any reply from anyone????

vinny
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Post by vinny » Wed Jul 13, 2011 9:26 pm

atul.ruparelia wrote:@Moderators - Do you know similar query raised on tihs forum in the past by any member?
See also Advice please regarding my son
british citizenship for children without ILR
Citizenship question
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

atul.ruparelia
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Post by atul.ruparelia » Sat Sep 10, 2011 5:55 pm

Hi Vinny,

I took a chance and applied VISITOR VISA for my 3 year old son born in UK and he got the visa. He is now in UK.

Next step is to apply for his ILR/British passport.

Thanks
Atul

NancyUK
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Congratulation!

Post by NancyUK » Sat Oct 01, 2011 9:15 pm

Atul, I have exact same idea, my son he is still in China, and I just doubt if he can register british citizenship with his visitor visa on his chinese passport, he was borned in the UK.
I wish you can get your son's citizenship successfully.
Could you please tell me as well when you have registered him british citizenship successfully.
Thank you very much!

John
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Post by John » Sat Oct 01, 2011 10:01 pm

I think it needs to be appreciated that we are talking about an application under section 1(3). That is, the child was born in the UK before either parent was of settled status in the UK (such as ILR), but later one or both parents got that status.

A section 1(3) application for Registration as a British Citizen is an entitlement application .... no UKBA discretion involved. Accordingly as soon as the facts are proved the application for Registration will be granted.
John

NancyUK
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Post by NancyUK » Sun Oct 02, 2011 3:16 pm

John wrote:I think it needs to be appreciated that we are talking about an application under section 1(3). That is, the child was born in the UK before either parent was of settled status in the UK (such as ILR), but later one or both parents got that status.

A section 1(3) application for Registration as a British Citizen is an entitlement application .... no UKBA discretion involved. Accordingly as soon as the facts are proved the application for Registration will be granted.
Good View!

atul.ruparelia
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Post by atul.ruparelia » Wed Feb 22, 2012 10:33 am

Thanks to all the moderators on this forum for quick reply for my queries.

Just for benefit of others and to know the facts from my application.

Parents on ILR, son born in UK before parents got ILR.

Son was away from UK when parents received ILR.

Later, parents wanted to bring back son to UK, could have applied for registration as British Citizen from India but parents took a chance and applied for visitor visa to UK as application in India could have taken more than 3 months.

Visitor visa granted to son, son travelled to UK and later parents applied for registration as BC in UK.

Applied on 12 DEC 2011, fees deducted on 09 JAN 2012, registration received on 14 FEB 2012.

Hope this information could help someone in the future.

Thanks again for all the help from moderators and other members on this forum!!!

Regards,
Atul

    John
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    Post by John » Wed Feb 22, 2012 11:02 am

    atul.ruparelia, congratulations, and glad using that tactic worked out.

    But of course we are talking of a section 1(3) entitlement application, which of course was bound to be granted.
    John

    shamm123
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    Tier 1 dependant son leave expired while outside UK

    Post by shamm123 » Sun Apr 15, 2012 11:11 am

    I am exactly in the same position as mentioned by atul..

    i had son born in UK applied for tier 1 dependant and now he is currently in india.

    i will be soon applying for ILR whilst he is in india.. Can i apply for british citizenship for him directly from India?
    Appreciate quick response.

    Thank you.

    vinny
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    Re: Tier 1 dependant son leave expired while outside UK

    Post by vinny » Sun Apr 15, 2012 11:47 am

    shamm123 wrote:Can i apply for british citizenship for him directly from India?
    Yes.
    This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
    We do not inherit the Earth from our ancestors, we borrow it from our children.

    shamm123
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    Post by shamm123 » Sun Apr 15, 2012 12:25 pm

    Could you let me know the details about the form and processing times to apply for this from India please?

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